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R. VIJAYAKUMAR
S. Sam Davidson Represented by the Power Holder D. Suresh – Appellant
Versus
Santhakumari – Respondent
JUDGMENT
(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree dated 13.08.2018 passed in A.S.No.35 of 2014 on the file of the Principal District Court, Kanyakumari at Nagercoil reversing the judgment and decree dated 20.07.2012 passed in O.S.No.115 of 2011 on the file of the Subordinate Court, Padmanabhapuram.)
The plaintiff is the appellant.
2. The plaintiff has filed O.S.No.115 of 2011 before the Subordinate Court, Padmanabhapuram for demarcation and fixation of boundaries of the plaint schedule property as per the plaintiff's document, re-survey plan and through an Advocate Commissioner appointed by the Court with the help of Taluk Surveyor. The plaintiff further prayed for recovery of encroached portions from the defendants 1 and 2. The plaintiff further prayed for a decree for permanent injunction restraining the defendants 1 and 2 from disturbing the peaceful possession and enjoyment of the plaintiff over the suit schedule property.
3. The defendants 1 and 2 who are the contesting parties did not file a written statement and remained exparte.
4. Ten documents were filed on the side of the plaintiff. The power agent of the plaintiff was e
The first appellate court should not re-interpret evidence without proper grounds, and the defendant's challenge to an exparte decree should be limited to the legality of the trial court decree based....
When a Suit is withdrawn with liberty to file a fresh Suit on the same subject matter without imposing any terms/restriction, the plaintiff/s could very well institute a fresh Suit on the same subjec....
The main legal point established is the importance of considering all evidence, addressing objections, and following procedural requirements in property disputes, along with the applicability of the ....
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
The main legal point established in the judgment is that the court upheld the respondent's claim of encroachment and violation of building regulations by the appellants, leading to the decree in favo....
Title to property can be perfected by adverse possession where the occupier proves continuous, open, and hostile possession for over twelve years, even if the primary deed of transfer contained a mis....
The court determined that a plea of recovery of possession is not valid when plaintiffs admit lack of interest, emphasizing the necessity of clear evidence for property identity and proper amendment ....
The main legal point established in the judgment is that the Commissioner appointed under Order 26 Rule 9 CPC cannot give a finding regarding possession of a property and the court should not rely so....
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